Terms & Conditions

Please note that by executing this agreement and/or payment of deposit, you are bound to agree with the following terms and conditions without the need of any signature.

1. Service Agreement: Client is entitled to a one-time service as per the agreement.

2. Pricing: Price quoted is based on the request(s) and requirement(s) of individual Client.

3. Deposits and Payments: Upon confirmation of services, a non-refundable deposit of RM1,000 is required for each local wedding package, with the balance due at least 7 days before the shoot. For overseas package, a 50% deposit is required with the balance due at least 14 days before the shooting date. Package downgrades after deposit are not allowed; upgrades are subject to availability.

4. Offer Confidentiality: Agreed offer is strictly for the named Client only. Under no circumstances shall this formal offer be circulated or use as reference by any other party.

5. Date Changes:Any changes to the agreed-upon dates must be communicated to Momento at least 60 days prior to the new scheduled date.

6. Delivery Schedule: The final products will be provided between 30 to 60 days post-event or selection, contingent upon full payment. Delays in payment will result in a corresponding delay in delivery. Expedited processing requests will incur additional charges. Physical products such as albums and prints will be delivered within 30 to 45 days post-confirmation.

7. Creative Acknowledgment: The Client recognizes and agrees to Momento’s evolving artistic approach, accepting the final delivered artwork as per the professional discretion of Momento. Consequently, the Client acknowledges that the final artwork shall not be rejected based on Client’s own aesthetic or taste considerations.

8. Editing and Formats: All photographs will undergo editing solely in Momento’s distinctive style. Provision of RAW or unedited footage is not included.

9. Liability: Momento is not responsible for Client’s safety, damages, or unforeseen circumstances during our services.

10. Coverage Limitations: Momento will not be held responsible for lack of coverage resulting from weather conditions or schedule complications caused by, but not limited to, anyone in or at the event, or by any institution restrictions. Due to the fact that wedding and social events are uncontrolled events, Momento is not able to guarantee any specific shots and poses and final outcomes.

11. Client’s Specifications: The Client must provide clear instructions regarding specific photography or videography requests before or during the event.

12. Event Coverage: Momento shall endeavor to capture all individuals and moments throughout the day as they occur, and as requested by the Client at some point during the booking. However, no responsibility will be taken by Momento in the event of leaving somebody out or any unforeseen/unpredicted moments due to the nature of an uncontrolled event.

13. Travel time policy: Traveling time between different locations (e.g., travel between couple’s house or to the ceremony venue) is considered part of the working hours. The Client acknowledges that this time is integral to the service and agrees to factor it into the schedule and duration of the photography services.

14. Compensation Policy: In the event that Momento team fails to capture individual or moments (as requested by the Client prior or during the course of event) due to faults on Momento’s part, any compensation will be provided at the discretion of Momento. A request for partial or full refund by Client will not be entertained.

15. Same Day Edits: No refunds for inability to deliver Same Day Edits due to time constraints.

16. Copyright Music Policy: Momento does not provide copyrighted music for event videos or any other purposes. Momento will not be responsible for any copyright infringements arising from the use of supplied music.

17. Force Majeure: If Momento team cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority ,national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to illness or injury, whether or not foreseeable (“Force Majeure Event”), then Momento will give notice to the Client as soon as reasonably practicable after Momento determines that a Force Majeure Event will or may prevent Momento team from performing under this Agreement.
Momento shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Momento team may, in Momento team’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Momento. To the extent the Parties cannot agree on a suitable replacement date consistent with Momento team’s availability, Momento may also, in its sole discretion, refund fees paid to Momento under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Momento) already performed by Momento related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”).

18. Limitation of Liability: This limitation on liability shall also apply in the event that photos/videos are damaged in processing, lost in shipping, or otherwise lost or damaged without fault on the part of Momento.

19. Client Responsibilities: Costs for repairing or replacing damaged or lost Momento property due to Client actions shall be borne by the Client.

20. Technical Failures: In case of loss of photographs/videos due to Momento’s technical issues, a full refund of the package price will be issued within 30 days.

21. Permits and Permissions: The Client is responsible for acquiring all permits and necessary permission for all locations on which the photographer will perform services. This includes, but is not limited to, private property, public spaces, and specific venues. The Client agrees to indemnify and hold harmless the photographer against any and all claims, liabilities, and costs arising from the photographer’s presence at the event location due to lack of proper permits or permissions.

22. Safety and Compliance: Client understands that Momento team works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Momento shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Momento’s participation in the Event would violate a Governmental Order. Client also understands and agrees that Momento is not obligated to continue to perform under this Agreement if Momento team’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.

23. Overseas Liability Clause: Momento shall not be held responsible for any damage, loss, or delay of gowns, suits, and camera equipment during the travel period for overseas shoots. Additionally, Momento is not liable for any personal expenses incurred by the client, including but not limited to travel and accommodation costs.

24. Customs and Entry Clause: In the event of customs delays, holds, or if authorities prevent entry into the country, Momento shall not be liable for any changes or cancellations to overseas pre-wedding shoots. Clients understand and accept the risk of such travel-related issues and agree that Momento will not be held responsible for any additional costs, scheduling changes, or the inability to perform photography services due to these reasons.

25. Copyright and Usage Rights: The Client acknowledges that the Momento holds the copyright for all photos and videos taken during the event. Momento reserves the right to use any images for marketing, promotional activities, and competitions.

26. Amendment Rights: Momento reserves the right to amend the terms and conditions at any time, with subsequent notification to the Client.

Momento Bridal Gown and Suit Rental

1. Rental Fees: A 50% from the Rental Fees (hereinafter referred as Rental Deposit) is required to secure the booking of the renting of gown(s) and/or suit(s). Balance is payable before collection of gown(s) and/or suit(s).

2. Rental Period: Client is entitled to a maximum 7-day rental period which is subjected to the availability of gown(s) and/or suit(s). Should the Client wishes to extend the rental beyond the 7-day period, an additional rental fee will be incurred at RM100 per gown per day and RM50 per suit per day.

3. Changes to Bookings: In the event that Client wishes to change gown(s) and/or suit(s) which has been booked previously, a sum of RM200 will be incurred for each changes of gown(s) and a sum of RM50 for each changes suit(s).

4. Cancellation Policy: Should the Client wishes to cancel previously booked gown(s) and/or suit(s), the Rental Deposit shall be non-fundable.

5. Security Deposit: Client is required to make a security deposit payment for each rented gown and/or suit during the collection of gown(s) and/or suit(s). Amount payable is RM300 per rented gown for Classic range and RM500 per rented gown for Premium range. Amount payable is RM100 per rented suit. Security deposit is fully refundable upon returning of rented gowns(s) and/or suit(s) in original condition with no damages.

6. Damaged or Loss: Client shall assume the sole risk of the gown(s) and/or suit(s) (except ordinary wear and tear) from the time that the gown and/or suit is handed to the Client until such time as the gown and/or suit is returned in accordance with the terms of this agreement.

Normal wear and tear on gown(s) and/or suit(s) will not incur extra charges. Damage beyond normal wear and tear (not limited to damaged, stolen and/or lost) will result the Client being liable for liquidated damages as follows:-
6.1. Damage charges will be assessed for holes, broken zippers, detached garment pieces, missing buttons, or other permanent stains (red wine, black oil tar, candle wax), or any other damages that renders the gown(s) and/or suit(s) not rentable;

6.2. Major damages to gown(s) and/or suit(s), including irreparable wears and tears, or irreversible stains and marks will be assessed at the replacement value of the rented gown(s) and/or suit(s); and/or

6.3. Lost gown(s) and/or suit(s) will be assessed with a lost gown fee of the replacement value of the rented gown(s) and/or suit(s).

7. Rental Risk: Clients acknowledge the risk of renting gown(s) and/or suit(s) that may have been previously damaged by other clients. In the event a gown or suit is unavailable or unsuitable for rental due to prior client damage, subsequent clients agree that Momento shall not be held responsible or liable for any associated costs or inconveniences.

8. Disclaimer: Momento, including its directors, employees, and agents, is not liable for any direct, indirect, or consequential damages arising from the rental. This includes, but is not limited to, any defects in the rented items.

9. Indemnity: The Client agrees to indemnify Momento against any claims arising from the rental, including but not limited to damages or losses incurred during the rental period.

By adhering to these terms, you ensure a clear understanding and agreement between your service and the clients, maintaining professionalism and clarity in your rental transactions.

as amended Feb, 2024

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